History of British Nationality Law - British Nationality Act 1981

British Nationality Act 1981

The British Nationality Act 1981 abolished the status of CUKC, and replaced it with three new categories of citizenship on 1 January 1983:

• British citizenship,
• British Dependent Territories citizenship (BDTC), which was renamed British Overseas Territories citizenship (BOTC) by the British Overseas Territories Act 2002 (see below) and
• British Overseas citizenship (BOC).

British Citizens are those former CUKCs who had a close relation with the United Kingdom and Islands (i.e. those who possessed right of abode under the Immigration Act 1971); BOTCs are those former CUKCs with a close relationship with one of the remaining colonies, renamed Overseas Territories; while BOCs are those former CUKCs who did not qualify for either British citizenship or British Dependent Territories citizenship.

The law distinguishes between British citizen or British Overseas Territories citizen by descent and those who hold those statuses otherwise than by descent. Citizens by descent cannot automatically pass on British nationality to a child born outside the United Kingdom or its Overseas Territories (though in some situations the child can be registered as a citizen).

British Overseas citizens cannot generally pass on British Overseas citizenship, except in limited cases to avoid statelessness or other hardship.

It is possible to hold more than one of these citizenships simultaneously. In fact, since the British Overseas Territories Act 2002 granted British citizenship to all the Overseas Territories (except the Cyprus Sovereign Base Areas), most British overseas territories citizens also hold British citizenship. Additionally, a British Overseas citizen who acquires British citizenship will not lose British Overseas citizenship, although there is generally no added benefit from retaining this status.

Those Commonwealth citizens and British subject already entitled to Right of Abode under the Immigration Act 1971 retained this status provided they did not cease to be Commonwealth citizens or British subjects after 1983. However, countries that joined the Commonwealth after 1 January 1983 are exempt from this scheme. These are South Africa, Pakistan, Namibia, Cameroon and Mozambique. Those who come to the UK under this scheme may claim state benefits if they can show that they intend to make the UK their permanent home. Commonwealth citizens who have the right of abode need to apply for a certificate of entitlement if they want to enter the UK. The certificate is a sticker which is placed inside a non-British passport. After five years living in the UK, a person who has moved to the UK under the Right of Abode can apply to naturalise as British citizen and obtain a British passport.